Indian Penal Code, 1860, Section 302, 34 -- Murder - A girl aged two years was murdered by her own mother and grand maternal mother by administering poison - Ocular evidence duly supported by medical evidence proves that deceased died due to poison - Plea of accused that complainant in conspiracy with the wife of PW3 with whom he has illicit relations has committed the..........
Indian Penal Code, 1860, Section 304(Part II), 34 -- Culpable homicide not amounting to murder - Appellants came together to the place of occurrence, armed with weapons and assaulted deceased on head due to previous dispute - Counter case also registered against some of prosecution party - But as two incidents occurred at different places and at different times one cannot..........
Civil Procedure Code, 1908, Order 14, Rule 1 -- Issues - Recasting and reframing of additional issues - Most of proposed issues are beyond scope of adjudication - Some are even beyond pleadings - No relevant aspect of pleadings is outside the scope of issues which are already there - Moreover, there is no counter claim by defendants thus no relief by adjudication is to be..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Cruelty - Serious allegations of harassment made by wife against husband for her failure to meet the illegal demand of additional dowry in her counter to the divorce petition - Allegations not substantiated - Husband is entitled to decree of divorce on this ground...........
Civil Procedure Code, 1908, Order 14, Rule 1, Civil Procedure Code, 1908, Order 41, Rule 23A, Hindu Marriage Act, 1955, Section 13(1)(ia) -- Issues - Omission to frame an issue regarding cruelty - When one party affirmed a fact or law and denied by other, Court is bound to frame an issue or point of consideration depending upon pleadings on record - Trial Court failed to..........
Civil Procedure Code, 1908, Section 10, Order 8, Rule 6A -- Counter-claim - For all intents and purposes must be understood as suit filed by one who is impleaded as defendant - `Counter-claim' is essentially filed to obstruct claim raised in suit - `Counter-claim' is tried jointly with suit filed by plaintiff and has same effect as cross-suit - For all intents and purposes..........
Civil Procedure Code, 1908, Section 10, Order 8, Rule 6A, Patents Act, 1970, Section 64 - - Counter-claim - Revocation petition - Infringement suit - Respondents in their capacity as `any person interested' had filed revocation petition before institution of an infringement suit - Held, they cannot be permitted to file `counter-claim' on same cause of action - While..........
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 6, Rule 17 -- Single application U.O.1.R.10 & O.6.R.17 - Application U.O.1.R.10 to be decided first - If parties are introduced each one of them would have a right to file their written statement admitting or denying the facts on which plaintiff relies upon to obtain a decree - All such newly..........
Civil Procedure Code, 1908, Order 8, Rule 6A -- Counter claim - Suit for specific performance - Cause of action had already arisen when written statement was filed - Counter claim filed by defendant in respect of right to claim damages and compensation from plaintiff cannot be allowed at belated stage after commencement of trial as it is absolutely illegal and against..........
Indian Penal Code, 1860, Section 498A, 302, 34 -- Cruelty - Dowry death - Suggestion was given to parents of deceased that their daughter was mentally disturbed as she could not bear a child and therefore she committed suicide - No evidence led by appellants that deceased was suffering from some gynecological problem running counter to her child bearing capacity - Moreover..........
